This case has been cited 5 times or more.
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2015-07-01 |
MENDOZA, J. |
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| What is controlling is not the title of the complaint, nor the designation of the offense charged or the particular law or part thereof allegedly violated, these being mere conclusions of law made by the prosecutor, but the description of the crime charged and the particular facts therein recited. The acts or omissions complained of must be alleged in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment. No information for a crime will be sufficient if it does not accurately and clearly allege the elements of the crime charged. Every element of the offense must be stated in the information. What facts and circumstances are necessary to be included therein must be determined by reference to the definitions and essentials of the specified crimes. The requirement of alleging the elements of a crime in the information is to inform the accused of the nature of the accusation against him so as to enable him to suitably prepare his defense.[25] | |||||
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2013-07-31 |
PEREZ, J. |
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| As regards the administrative liability of Espenesin, the basic principle in the law of public officers is the three-fold liability rule, which states that the wrongful acts or omissions of a public officer, Espenesin in these cases, may give rise to civil, criminal and administrative liability. An action for each can proceed independently of the others.[47] | |||||
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2008-10-15 |
NACHURA, J. |
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| There is forum shopping when the following elements concur: (1) identity of the parties or, at least, of the parties who represent the same interest in both actions; (2) identity of the rights asserted and relief prayed for, as the latter is founded on the same set of facts; and (3) identity of the two preceding particulars such that any judgment rendered in the other action will amount to res judicata in the action under consideration or will constitute litis pendentia.[38] | |||||
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2008-09-11 |
NACHURA, J. |
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| More importantly, the acts complained of against petitioner, who, to reiterate, is a public officer, gave rise to threefold liability, specifically, civil, criminal and administrative liability. Entrenched in jurisprudence is the rule that the wrongful acts or omissions of public officers may result in three separate liabilities with the action for each proceeding independently of the others.[12] Likewise, the quantum of evidence required in each case is different. | |||||
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2008-04-30 |
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| The formal charge, while not specifically mentioning RA 7877, The Anti-Sexual Harassment Act of 1995, imputes on the petitioner acts covered and penalized by said law. Contrary to the argument of petitioner, the demand of a sexual favor need not be explicit or stated. In Domingo v. Rayala,[11] it was held, "It is true that this provision calls for a `demand, request or requirement of a sexual favor.' But it is not necessary that the demand, request, or requirement of a sexual favor be articulated in a categorical oral or written statement. It may be discerned, with equal certitude, from the acts of the offender." The CSC found, as did the CA, that even without an explicit demand from petitioner his act of mashing the breast of AAA was sufficient to constitute sexual harassment. Moreover, under Section 3 (b) (4) of RA 7877, sexual harassment in an education or training environment is committed "(w)hen the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice." AAA even testified that she felt fear at the time petitioner touched her.[12] It cannot then be said that the CSC lacked basis for its ruling, when it had both the facts and the law. The CSC found the evidence presented by the complainant sufficient to support a finding of grave misconduct. It is basic that factual findings of administrative agencies, when supported by substantial evidence, are binding upon the Court. | |||||